KIVI LABS LTD Vs. SUN PHARMACEUTICALS PVT.LTD

JUDGEMENT

(1.) Application Nos.2102 and 2103 of 2012 are filed by the applicant/defendant to vacate the order of ad-interim injunction (dated 22.02.2012) granted in O.A.Nos.97 and 98 of 2012 filed in the suit.

(2.) For disposal of these applications, it is necessary to state the averments made in the plaint, which are as follows:

(3.) It is the further case of the plaintiff company that in October, 1983, they applied for and obtained Drug Licence from the Drug Control Administration for manufacture of medicinal preparation containing Chlordiazepoxide and Amitriptyline for treatment of depression and other psychotic disorders under the trademark AMIXIDE. After getting licence, plaintiff commenced manufacture of medical and pharmaceutical preparations under the trade mark AMIXIDE, which are sold in strips in varying strength since April 1984. Thereafter, they obtained registration under No.1748417 in class 5 in respect of "Medicinal and Pharmaceutical preparations and substances included in class 5". Plaintiff has claimed and proved user of the said mark since April 1984 before the appropriate authority and, therefore, exclusive proprietary right of the plaintiff is restricted to the trademark AMIXIDE. Plaintiff has also spent a huge amount for popularizing its said preparations under the trademark. In view of wide use and substantial sales, the trademark AMIXIDE has earned tremendous goodwill and enviable reputation in the market.